Teachers could still strike: union

Teachers protest

Now that Bill 115 is gone, does that mean public school teachers are once again in a legal strike position?
That’s the argument posed this morning by the elementary teachers union before an Ontario Labour Relations Board hearing.
When the province repealed the controversial bill, it set parties back to where they were before contracts were imposed, allowing unions to strike and boards to lock out teachers, according to Elementary Teachers Federation of Ontario lawyers.
If the union wins the closely watched case, all bets are off — and the possibility of strikes looms once again — in the prolonged labour dispute causing turmoil in Ontario schools.
The controversial bill, also known as the Putting Students First Act, denied unions the right to strike and imposed contracts.
Unions for elementary and high school teachers have encouraged their members to withdraw volunteer activities in protest, but two school boards, Trillium Lakelands and Upper Canada district school boards, filed applications with the labour board for a cease and desist order to make the union stop encouraging this boycott.
The elementary union turned the tables this morning by raising the possibility that all federation members are in a strike position thanks the Bill 115’s repeal, so the argument is moot.
They can take any strike action because they have no collective agreements, union lawyer Howard Goldblatt argued.
The contracts are null and void, he said, and, therefore, teachers can negotiate and legally strike.
“The stakes just exploded; ETFO lawyer arguing now that contracts have ceased to exist so all labor peace bets are off,” tweeted Toronto Star reporter Louise Brown, who live-tweeted throughout the morning, “Two boards want ruling on whether boycott of plays + pizza lunches is illegal; ETFO arguing for right to full blown strikes.”
The Education Ministry has decided to seek intervenor status in the hearings to defend the collective agreements, ministry spokesperson Paris Meilleur said in an interview this morning
Despite the repeal of the act, the collective agreements are still in place and subject to the Labour Relations Act, she said. The ministry is confident in this argument and will continue to make it to the (labour relations board and) look forward to the board’s ruling.
York Region elementary teacher union president David Clegg is also watching for a ruling.
“The only comment I have at this juncture is ... does the public need any better proof that (Education Minister) Laurel Broten and the Liberals have had no idea what they are doing for the last year than to see the mess that is now unfolding at the OLRB?”
York Region public school board spokesperson Licinio Miguelo said while his board continues to communicate with the unions, it’s premature to speculate on a ruling.
“We have no decision yet and we have not received any indication from anyone that there will be a change to the situation.”
For members of the York Region Parent Association, the idea of even bigger strike action is worrisome.
If the union’s argument is upheld, “the scope is much bigger than just work to rule”, association co-chairperson Alick Siu said.
The group has planned a town hall meeting for parents to discuss the issue Wednesday in Markham.
“It will definitely give us more to talk about.”